Last week Reform announced their plans to ‘scrap’ the Equality Act as part of their manifesto. The potential implications of this action would be significant for many people.
Without the Equality Act, an employee who is being sexual harassed at work would have limited recourse against the harasser.
Without the Equality Act, an employer could discount an employee from promotion because they are over 50.
Without the Equality Act, an employer could refuse to employ a woman of childbearing age in case she became pregnant.
Without the Equality Act, an employer could dismiss someone who discloses a diagnosis of autism, or cancer, or depression or any other long term health condition because they need adjustments to assist them in doing the job .
The list goes on…..
Whatever your political view, it is worth pausing to reflect on what the Equality Act actually is and why it was introduced in the first place.
The Equality Act 2010 did not create discrimination law from scratch. Instead, it consolidated and harmonised decades of legislation, bringing together a patchwork of statutes that had developed since the 1960s and 70s.
Before 2010, equality law was spread across multiple Acts, including:
Each had its own definitions, tests and enforcement mechanisms. The result? Complexity, inconsistency and legal uncertainty, the exact things that Reform are using as reasons to justify ‘scrapping’ the Equality Act.
The Equality Act 2010 was introduced to simplify and strengthen the law. Its core aims were:
• To harmonise definitions of discrimination across protected characteristics
• To create a single, coherent framework
• To reduce duplication and inconsistency
• To make rights clearer for individuals and obligations clearer for employers
• To reflect evolving societal norms around equality and dignity
It introduced the now-familiar framework of nine protected characteristics, clarified concepts such as indirect discrimination and harassment, strengthened protection for disability, and codified public sector equality duties.
From a practical employment law perspective, repeal would not simply “remove red tape.” It would create a significant legal vacuum. Parliament would either need to reinstate the previous regime (unlikely and deeply fragmented) or draft an entirely new framework.
Employers should also remember that many equality principles derive from international obligations and long-standing human rights commitments. Repeal would not necessarily remove the underlying legal and reputational risks associated with discriminatory conduct.
In addition, there are many proven business reasons why having a well-designed and genuinely embedded Equality, Diversity and Inclusion policy and practice will benefit your business or organisation including:
Inclusive employers attract a wider and more diverse talent pool. Research from multiple large-scale studies consistently shows that organisations perceived as inclusive attract higher-quality candidates, experience increased application rates and are more competitive in tight labour markets.
Employees are significantly more likely to stay where they feel respected, heard, treated fairly and able to progress. High turnover is expensive (recruitment, onboarding, lost productivity) and inclusive environments reduce voluntary exits and absenteeism.
Inclusive workplaces increase psychological safety, collaboration, innovation and discretionary effort. Research demonstrates that employees who feel included are more engaged and perform better.
Diverse teams make better decisions and studies show that diverse groups consider a wider range of perspectives, identify risks more effectively, avoid groupthink and produce more innovative solutions.
Clear EDI standards set behavioural expectations, clarify reporting mechanisms and promote early intervention, therefore reducing escalation of issues into formal grievances or whistleblowing situations.
While correlation is not causation, repeated large-scale research shows organisations with diverse leadership teams outperform less diverse peers financially.
Whether reform is desirable is a political question. But from a legal standpoint, the Equality Act was fundamentally about clarity, consistency and consolidation.
Let’s not forget equality legislation is not about giving anyone an advantage it is about levelling up for those who are already disadvantaged.
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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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